Overcoming Refugee Containment and Crisis

Imagine a system in which you had to break the law and risk your life in order to enjoy its key right, a right to live lawfully in a political and legal community. That is the open secret at the heart of the so-called “Common European Asylum System” (“CEAS”). The EU and its Member States systematically erect barriers for those who would enter to claim asylum, forming part of the system of the containment of refugees in the Global South. Refugee containment is not only a European practice, but many of the policies and practices that are central to refugee containment are of fairly recent European origin. This Article identifies the costs of this refugee containment, not only for refugees and asylum-seekers, but also for Europe itself, its politics, and its adherence to the rule of law in particular. Containment contributed to the events styled as the 2015 refugee crisis in Europe, yet the crisis has generated a more intensified set of containment practices, also likely to backfire. This Article first sets out the costs of containment, and second suggests how Europe might overcome the containment-induced crisis and work to dismantle at least some aspects of containment.

Costello, C. (2020). Overcoming Refugee Containment and Crisis. German Law Journal, 21 (1), 17-22. doi:10.1017/glj.2019.89

This article appears in a special issue of German Law Journal on Challenges Facing the EU Vol 21 - Issue 1 - January 2020